#voluntary acknowledgement Paternity

[atlantagafamilylawyer]

Paternity Cases in Atlanta, GA: A Guide from a Family Lawyer

Establishing paternity is a critical legal issue in many family law cases. Whether you're seeking to establish paternity to secure child support or to confirm legal parental rights, understanding the paternity process in Georgia is essential. Paternity cases are often emotionally charged and can involve complicated legal, financial, and personal considerations. In Atlanta, GA, a family lawyer can provide essential guidance to ensure the legal process is handled effectively and in the best interests of the child.

What is Paternity?

Paternity refers to the legal determination of a child's biological father. Establishing paternity has significant implications, especially when it comes to child custody, child support, visitation, and other parental rights and responsibilities. In cases where the mother and father are not married, paternity must be established through a legal process.

In Georgia, there are two primary ways paternity can be established:

Voluntary Acknowledgment of Paternity: If the father agrees that he is the biological father of the child, both parents can sign a Voluntary Acknowledgment of Paternity form. This form is typically completed at the hospital when the child is born or at a later time through the Georgia Department of Human Services (DHS). Signing this form establishes legal paternity without the need for a court order.

DNA Testing: If there is any doubt about the biological father of the child, a DNA test can be conducted to establish paternity. DNA testing is the most accurate method of confirming paternity. In Georgia, a family court may order a DNA test if there is a dispute about paternity. The test results, which typically have a 99.9% accuracy rate, are used to confirm or deny the father’s biological relationship to the child.

If the father is not married to the mother and does not acknowledge paternity voluntarily, the court may need to intervene to establish paternity through DNA testing or other legal proceedings.

Why is Establishing Paternity Important?

Establishing paternity is important for several reasons, both for the child and the father:

Child Support: Once paternity is legally established, the father may be required to pay child support to the mother, depending on the custody arrangement. Child support ensures that both parents contribute to the child’s financial needs, including healthcare, education, and daily living expenses.

Parental Rights: Legal paternity establishes the father’s rights to seek custody and visitation with the child. If paternity is not legally recognized, the father may not have the legal right to seek custody or visitation. Establishing paternity allows the father to be involved in important decisions about the child’s life, such as medical care, education, and religion.

Inheritance Rights: A child whose father’s paternity is established has legal inheritance rights to the father’s estate. Without establishing paternity, the child may be excluded from receiving financial benefits from the father, such as life insurance or inheritance.

Emotional and Psychological Benefits: Establishing paternity can provide emotional and psychological benefits for both the child and the father. The child gains a sense of identity and a connection to their biological father, and the father has the opportunity to build a relationship with the child.

The Paternity Process in Georgia

If paternity is in dispute or needs to be established through the courts, the process generally follows these steps:

Filing a Paternity Petition: To establish paternity, either the mother or the father can file a petition for paternity in family court. The petition requests the court to determine who the biological father is, and it may include a request for child support, custody, or visitation.

DNA Testing: If paternity is contested, the court may order a DNA test to confirm the biological father. Both the mother and the father will be asked to submit DNA samples. The results of the test are usually available within a few weeks.

Court Hearing: After the DNA test results are received, the court will hold a hearing to make a final determination on paternity. If the test confirms that the man is the biological father, the court will issue an order establishing legal paternity.

Legal Rights and Responsibilities: Once paternity is established, the father will have the same legal rights and responsibilities as any other parent, including the right to seek custody, visitation, and involvement in decision-making about the child’s upbringing. If the father is found to be the biological father, he may also be required to pay child support.

Challenges in Paternity Cases

Paternity cases can become complicated, particularly if there is a dispute about who the biological father is. Challenges may arise in the following situations:

Denial of Paternity: The father may deny paternity, particularly if he does not believe the child is his or if there is a history of relationships with other potential fathers. In such cases, a DNA test is critical to resolving the dispute.

Legal and Emotional Complications: Paternity cases can involve emotional complexities, especially when there are long-standing relationships or other children involved. The court may need to consider the child’s best interests when making decisions about custody and visitation.

Establishing Child Support: In cases where paternity is confirmed, the father may be required to pay retroactive child support from the date of the child’s birth, which can be a significant financial burden. However, Georgia law allows for the establishment of child support obligations once paternity is confirmed.

Relocation or Custody Disputes: If the father is established as the legal parent, custody and visitation disputes may arise. A family lawyer can help navigate these complex issues and ensure that the child’s best interests are prioritized in any decisions.

How a Family Lawyer Can Help in Paternity Cases

Paternity cases can be challenging and emotionally charged. A family lawyer in Atlanta can provide valuable support and representation throughout the process. A family lawyer can assist by:

Guiding You Through the Legal Process: Whether you are seeking to establish paternity, challenge paternity, or address child support and custody issues, a family lawyer can help you understand your rights and options.

Representing Your Interests in Court: A lawyer can represent you in court hearings and assist in negotiating agreements related to child support, custody, and visitation.

Handling Legal Documents and Filings: A family lawyer can ensure that all necessary paperwork is completed and filed properly, including petitions for paternity and requests for DNA testing.

Resolving Disputes: If there is a dispute about paternity, custody, or child support, a family lawyer can help negotiate a resolution and represent your interests in court.

Conclusion

Paternity cases are a critical aspect of family law in Georgia, with important legal, emotional, and financial implications for both parents and children. Whether you are seeking to establish paternity or contest it, working with an experienced family lawyer in Atlanta is essential to navigating the complexities of the process. A family lawyer can help ensure that your rights are protected, guide you through the legal process, and advocate for the best interests of your child.

[abrlann]

FAMILY CODE OF THE PHILIPPINES

TITLE 3. RIGHTS AND OBLIGATIONS BETWEEN HUSBAND AND WIFE

Article 78. A minor who according to law may contract marriage may also execute his or her marriage settlements, but they shall be valid only if the persons designated in Article 14 to give consent to the marriage are made parties to the agreement, subject to the provisions of Title IX of this Code. (120a)

*case found on page 574

Donado v. Menendez Donado G.R. No. L-33658

Facts: 

Heradio Donado sued to claim his share in his deceased mother Gertrudis Donado's estate, asserting he was her voluntarily acknowledged natural child. Gertrudis Donado had a legitimate daughter, Mercedes Montehermoso. Heradio presented evidence of his mother's acknowledgment, including public documents where she referred to him as her son. The defendants contested this, arguing that Heradio was the illegitimate son of a priest and that his claim was barred by prescription.

Issue: 

Whether or not Heradio Donado a voluntarily acknowledged natural child of Gertrudis Donado, entitled to inherit from her estate despite the existence of a legitimate daughter, Mercedes Montehermoso?

Ruling: 

The Supreme Court affirmed the lower court's decision, recognizing Heradio Donado's right to inherit from his mother's estate.

The Court found that the public documents presented by Heradio constituted sufficient evidence of his mother's voluntary acknowledgment. The Court rejected the defendants' attempt to investigate Heradio's paternity, emphasizing that under the Civil Code, such investigation was prohibited unless specifically authorized by law.

[betteradvice]

Know Your Rights as a Pregnant & Single Mom-To-Be!

Single Mother Legal Rights: Navigating the Maze with Confidence

You’re probably juggling the incredible (and sometimes overwhelming) journey of single motherhood with quite a bit of anxiety. Whether you’re expecting or already a mom, understanding your legal rights is crucial. So, let’s break it down in a way that won’t make your head spin. Grab a cup of coffee (or tea, if that’s your thing), and let’s dive in!

Child Custody Arrangements:

Alright, let’s tackle the big one first – child custody.

Both parents have equal rights to care for their kids, regardless of whether you are together or not. The courts are big on encouraging parents to work things out without getting lawyers involved. Think of it as forced adulting – they want you to sit down and figure out living arrangements and schedules like grown-ups. Not involving a lawyer equals more money in your pocket for important things like baby expenses.

If you and your ex can’t agree, you might need to try mediation before heading to court. And if you do end up in front of a judge, they’ll consider things like what your kids want (if they’re old enough), their needs, and how well each parent can meet those needs.

Joint custody (or shared care) is becoming more common these days. The idea is to keep both parents involved in the kids’ lives. But remember, every situation is unique, and the court’s main concern is always the welfare of your children.

Parental Responsibility and Legal Rights: What’s the Deal?

Now, let’s talk about parental responsibility. It’s a fancy term for all the legal rights and duties you have as a parent. Think big decisions like education, medical treatment, and even what name to put on the birth certificate.

If you’re the mom, you automatically have parental responsibility Dads, on the other hand, might need to jump through a few hoops. If they’re married to the mom, listed on the birth certificate, or have a parental responsibility agreement, they’re good to go.

Problem is that having parental responsibility doesn’t guarantee the right to spend time with the kid if you’re separated. It just means you get a say in the big decisions. So, it’s all about communication and cooperation.

Proving Biological Fatherhood: It’s All in the DNA

Establishing paternity might sound like a topic for a daytime talk show, but it’s actually pretty important stuff. It’s all about legally determining who the biological father is, and it can have big implications for everyone involved.

There are a few ways to do this:

Voluntary acknowledgment: The father can add his name to the birth certificate or sign a form.

DNA testing: Either parent can request this through the court.

Declaratory order: This is a court process used when DNA testing isn’t possible or conclusive.

Why bother with all this? Well, it’s crucial for things like inheritance rights, financial support, and even medical history. Plus, it can be really important for your child’s sense of identity and emotional well-being.

Pregnancy Legal Protections: Your Rights at Work and Beyond

Most countries have some pretty solid protections in place for pregnant women, both at work and in healthcare settings.

At work, your employer needs to do a risk assessment and make sure you’re safe and comfortable. This might mean changing your job duties, adjusting your hours, or giving you extra breaks. And don’t worry about those antenatal appointments – you have the right to paid time off for those depending on the country you reside in.

In healthcare, you’re the boss of your own body. You get to make choices about your maternity care and treatment. It’s all protected by human rights laws, so keep that in mind!

One important thing to note: different countries have different laws regarding a fetus’s legal rights (until birth). So, if you’re facing any discrimination or safety concerns at work, don’t be afraid to speak up. Organizations that deal with these sorts of issues can help you out if you need it. Just jump online and search.

Will and Guardian Planning: Thinking Ahead for Your Little Ones

I know that thinking about wills isn’t exactly fun. But as a parent, it’s super important to have one. It’s all about making sure your kids are taken care of if something happens to you.

A will lets you:

Choose guardians for your kids (if they’re under 18)

Decide how your assets should be divided

Potentially reduce inheritance tax

When you’re making a will, think about who you want to be in charge of carrying out your wishes (called executors), who should get what, and who you’d want to look after your kids if you’re not around.

It’s a good idea to chat with a solicitor when you’re making your will, especially if you’ve got a complicated situation (like a blended family or property abroad). And don’t forget to update it regularly, especially after big life changes like getting married, divorced, or having more kids.

If something was to happen to you during labor, what happens to your baby? You have to make sure things are in place legally god forbid you are not around to take care of business.

Navigating the Family Court System: Keep Calm and Lawyer Up

Dealing with the family court system can feel about as fun as a root canal. But sometimes it’s necessary, so let’s talk about how to handle it without losing your mind.

First things first: get yourself a good family law solicitor. They’ll be your guide through this legal maze and help you understand your rights and responsibilities.

As i said earlier, the court is big on trying to solve things without going to trial. They’ll encourage you to try mediation or other alternative dispute resolution methods first. These can often be quicker and cheaper than a full-blown court case.

Throughout the process, try to keep your cool and focus on what’s best for your kids. Be ready to compromise and negotiate – it’s not about winning or losing, it’s about finding a solution that works for everyone.

And hey, don’t forget about self-care during this stressful time. Consider finding a therapist or support group to help you cope. It’s okay to need a little extra support!

You will have to face quite a bit of negativity through this process and you will need to grow a thick skin when dealing with negative people. It’s okay to set boundaries. You don’t need that kind of energy in your life, especially when you’re juggling single motherhood and all its challenges. Surround yourself with supportive friends and family who lift you up, not bring you down.

Conclusion:

The legal game can be a costly minefield from custody arrangements to wills and everything in between. It might seem overwhelming, but remember – knowledge is power. Understanding your rights as a single mom empowers you to make the best decisions for you and your kids.

Remember, you’re not alone in this journey. There are plenty of resources and support systems out there for single moms. Don’t be afraid to reach out for help when you need it, whether it’s legal advice, emotional support, or just a friendly ear.

Navigating single motherhood and all its legal complexities isn’t easy, but you’re stronger than you know. Keep advocating for yourself and your kids, keep learning, and keep being the awesome mom you are. If you need a little extra help staying organised and keeping anxiety at bay, download my eBook Single & Expecting – Pregnancy Checklist for Solo Moms

Cheers,

Alex

[juztize]

ARTICLE 70.     The spouses are jointly responsible for the support of the family. 

The expenses for such support and other conjugal obligations shall be paid from the community property and, in the absence thereof, from the income or fruits of their separate properties. 

In case of insufficiency or absence of said income or fruits, such obligations shall be satisfied from their separate properties.

Sources of Expenses for support and conjugal obligations:

From the Absolute Community of Property

From the income or fruits of their separate properties of each spouse

From the separate properties of the spouses.

G. R. No. L-25715 January 3, 1985

Heirs of Raymundo C. Banas, namely, Trinidad Vecino Vda. De Banas, Luis V. Banas, Jose V. Banas, Conrado V. Banas, Ester Banas, Celia Banas and Antonio De Guzman, plaintiff-appellants

vs.

Heirs of Bibiano Banas, namely, Faustina Vecino Vda. Banas, Antonio V> Banas, Bibiano B. Banas, Jr., Rosita V. Banas, Angel V. Banas, Miguel Divino Jacinto De Dios and Banas & sons, Inc., defendants-appellees.

MAKASIAR, J.:

FACTS:

This is an appeal from the decision dated January 5, 1966 of the Court of First Instance  (RTC) of Manila, Branch II, in Civil Case No. 59859, which dismiss plaintiffs-appellants' complaint for partition or recovery of hereditary share, fruits and damages. 

Plaintiffs-appellants, in their complaint filed on February 12, 1965, alleged that the late Raymundo Bañas their predecessor-in-interest, was the acknowledged natural son of the late Bibiano Bañas defendants-appellees' predecessor-in-interest; that therefore, they are, by descent, entitled to a share in the estate of the late Bibiano Bañas.

Defendants-appellees, in answer to the complaint, denied that Raymundo Bañas was the natural son of the late Bibiano Bañas nor was he ever acknowledged by the latter and his family as such; and by way of special and/or affirmative defenses alleged that the use of the surname Bañas by Raymundo was justified on an alleged kinship of Raymundo Bañas with Pedro Bañas brother of Bibiano Bañas.

ISSUE:         Whether Raymundo Banas was acknowledged natural child.

HELD: No, Raymundo Banas was not an acknowledged natural child of Bibiano Banas.

         The Supreme Court said that the contention is not correct. Plaintiff-appellants have erroneously applied the rule of incidental acknowledgement. They have completely failed to note that all of the authorities they have cited endorse incidental acknowledgement in case voluntary recognition were made in a public document. That voluntary recognition under the regime of Old Civil Code can only be made in a record of birth, will or other public document. The New Civil Code provides that Recognition shall be made in the record of birth, a will in a statement before a court of record, or in any authentic writing. 

In this case, the trial court was correct when it said that the complimentary ending “Su Padre” in the document presented as evidence is not sufficient to constitute an intent to recognize. It is not an incidental acknowledgement of paternity but a mere indication of paternal solicitude being the natural son of Pedro Banas, brother of Bibiano who could not support or rear Raymundo. Raymundo should establish his filiation to Bibiano.

Hence, the right to compel acknowledgement solely belongs to the natural child and cannot be inherited and exercised by heirs, plaintiffs-appellants have no personality to file such action. It follows that their complaint is totally baseless. 

Decision appealed from being in conformity with the facts and the law, it is hereby AFFIRMED.

[jjlawidaho]

Family Attorney in Boise and Nampa ID: Rights of Non-Paternal Fathers

Family attorney can help non-paternal fathers understand their rights in custody hearings Family attorney in Boise and Nampa ID can help non-paternal fathers protect their rights at Child custody hearings. Non paternal fathers can have rights in custodial hearings since they might have developed strong bonds with the kids. In the realm of family law, child custody hearings can be emotionally charged and legally complex. When it comes to non-paternal fathers seeking custody rights after a divorce, understanding the specific rights granted by Idaho law is crucial. In this article, we will explore the rights that non-paternal fathers have in child custody hearings in the state of Idaho.

Legal Standing for Non-Paternal Fathers

Idaho law recognizes that fathers, regardless of their marital status, have the right to seek custody and visitation. Non-paternal fathers, meaning those who are not biological or legal fathers, may face additional challenges in establishing their rights. However, the courts in Idaho generally consider the best interests of the child when determining custody arrangements.

Factors Considered by Idaho Courts

In Idaho, courts consider several factors when determining child custody arrangements. These factors, outlined in Idaho Code § 32-717, include:

Wishes of the Parents: The court takes into account the desires and preferences of the child's parents regarding custody.

Child's Wishes: If the child is of sufficient age and capacity to express a preference, their wishes may be considered by the court.

Interaction and Interrelationship: The court evaluates the relationships and interactions between the child and their parents, siblings, and any other individuals significantly impacting the child's well-being.

Child's Adjustment: The child's adjustment to their home, school, and community is a crucial factor in determining custody.

Mental and Physical Health: The mental and physical health of all individuals involved, including parents and the child, is considered.

These factors collectively guide the court in making decisions that prioritize the best interests of the child in custody proceedings. Non-paternal fathers can present evidence and arguments based on these factors to demonstrate their ability to provide a stable and nurturing environment for the child.

Establishing Paternity

One crucial step for non-paternal fathers is establishing paternity. If a father is not legally recognized as the biological or adoptive father, he may need to take steps to establish paternity before seeking custody rights. This can involve genetic testing, signing a voluntary acknowledgment of paternity, or obtaining a court order.

Navigating Visitation Rights

Even if a non-paternal father does not secure primary custody, Idaho law recognizes the importance of maintaining meaningful relationships between children and both parents. Non-custodial fathers, whether biological or non-paternal, are typically entitled to reasonable visitation rights, unless it is determined that such visitation would not be in the best interests of the child.

Modification of Custody Orders

Custody arrangements may need to be modified over time due to changes in circumstances. Non-paternal fathers can petition the court for modifications if they can demonstrate a significant change in circumstances that affects the best interests of the child.

While navigating child custody hearings as a non-paternal father in Idaho may present unique challenges, understanding the legal framework and advocating for the best interests of the child are crucial. Seeking legal counsel is advisable to ensure that non-paternal fathers can present their case effectively and protect their rights in the complex landscape of family law.

Enforcement of Custody Orders

Once custody orders are established, it is essential for non-paternal fathers to understand the importance of compliance. Both custodial and non-custodial parents are bound by the terms of the court-ordered custody arrangement. Failure to adhere to these orders can result in legal consequences, so it is crucial for non-paternal fathers to be aware of their rights and responsibilities.

Mediation and Alternative Dispute Resolution

In Idaho, the courts encourage parents to consider alternative dispute resolution methods, such as mediation, before pursuing a contested custody hearing. This provides an opportunity for parents, including non-paternal fathers, to work together in reaching an agreement that serves the best interests of the child. Mediation can be a valuable tool in resolving disputes and establishing a cooperative co-parenting relationship.

Grandparent Visitation Rights

In some cases, non-paternal fathers may be grandparents seeking visitation rights with their grandchildren. Idaho law recognizes the rights of grandparents to seek visitation if it is in the best interests of the child. Non-paternal fathers who are also grandparents can explore this avenue if they face challenges in obtaining direct custody.

Legal Representation and Resources

Navigating child custody hearings can be complex, and non-paternal fathers are encouraged to seek legal representation to ensure their rights are protected. Consulting with a family law attorney who is knowledgeable about Idaho's laws and has experience with custody cases can provide invaluable guidance.

It's important for non-paternal fathers to be proactive in understanding their rights, gathering relevant evidence, and presenting a compelling case in court. Preparation and adherence to legal processes can significantly impact the outcome of child custody hearings.

In summary, non-paternal fathers in Idaho have legal avenues to pursue custody and visitation rights after a divorce. Understanding the factors considered by the courts, establishing paternity when necessary, and being aware of alternative dispute-resolution options are essential steps in the process. Legal representation can be instrumental in navigating the complexities of child custody hearings, ensuring that non-paternal fathers can present their case effectively and advocate for the best interests of the child.

Hire the best family attorney in Boise and Nampa ID

Jacobson & Jacobson Law Firm, since 1982, is committed to serving the Boise and Nampa, Idaho areas for your top Criminal Defense, Personal Injury, Business Law, Estate Planning, Family Law, Immigration Law, and Litigation needs. Contact us today to get started. For a free 30-minute consultation, book here: https://calendly.com/jfj-1

[koherston]

Disestablishment of Paternity Questioned in Nashville, Tennessee: In re James T.

How can paternity be disestablished in Tennessee?

Facts: Mother gave birth to a child. At the time, Putative Father signed a Voluntary Acknowledgment of Paternity (“VAP”) in which he said, under oath, that he was the child’s biological father. So, the birth certificate listed him as the child’s father. When the child was one week old, the child was removed from the home of Mother and Putative Father and placed in the home of Foster Mother.…

[pattyspatio]

AZ court orders fit Dad to pay child support.

photo from, Could Meaningful Child Support Reform Be On The Horizon? by Shawn Garrison Mikel Johnson filed a voluntary acknowledgment of paternity back in 2017. Two years later, Andre Daniels finds out through a DNA test that he is the child’s father, so he files a paternity action. The superior court entered a paternity judgment in Daniels’s favor. Johnson moved to set aside the judgment and…

[princessjoyvibora]

CASE DIGEST: ROSALINA P. ECETA v. MA. THERESA VELL LAGURA ECETA.

As cited in Chapter 2, Article 172 of Title I of Family Code of the Philippines

ROSALINA P. ECETA v. MA. THERESA VELL LAGURA ECETA, GR No. 157037, 2004-05-20

Facts:

Petitioner Rosalina P. Vda. De Eceta was married to Isaac Eceta sometime in 1926. During the subsistence of their marriage, they begot a son, Vicente. The couple acquired several properties, among which is the disputed property located at Stanford, Cubao, Quezon City covered by Transfer Certificate of Title No. 61036. Isaac died in 1967 leaving behind Rosalina and Vicente as his compulsory heirs.

In 1977, Vicente died. During his lifetime, however, he sired Maria Theresa, an illegitimate daughter. Thus at the time of his death, his compulsory heirs were his mother, Rosalina, and illegitimate child, Maria Theresa.  In 1991, Maria Theresa filed a case before the Regional Trial Court of Quezon City, Branch 218, for "Partition and Accounting with Damages" against Rosalina alleging that by virtue of her father's death, she became Rosalina's co-heir and co- owner of the Cubao property. The case was docketed as Civil Case No. Q-91-8922.

In her answer, Rosalina alleged that the property is paraphernal in nature and thus belonged to her exclusively.

Rosalina appealed the decision to the Court of Appeals, which affirmed with modification the trial court's ruling, thus:

WHEREFORE, premises considered, the appealed Decision is hereby AFFIRMED subject to the MODIFICATION that the one-fourth (1/4) share erroneously decreed to Appellee is hereby REDUCED to one-eight (1/8) undivided share of the entire disputed property, covered by TCT

No. 61036, in accordance with law.

Issues:

Whether the certified xerox copy from a xerox copy of the certificate of live birth (Exhibit A) is competent evidence to prove the alleged filiation of the respondent as an "illegitimate daughter" of her alleged father Vicente Eceta.

Whether the admission made by petitioner that respondent is her granddaughter is enough to prove respondent's filiation with Vicente Eceta, the only son of petitioner.

Whether the action for recognition has already prescribed.

Ruling:

The petition has no merit, The filiation, or compulsory recognition by Vicente Eceta of Maria Theresa, was never put in issue. In fact, both parties have already agreed and admitted, as duly noted in the trial court's pre-trial order,[6]... that Maria Theresa is Rosalina's granddaughter.

Notwithstanding, Maria Theresa successfully established her filiation with Vicente by presenting a duly authenticated birth certificate.[7] Vicente himself signed Maria Theresa's birth certificate thereby acknowledging that she is his daughter. By this act... alone, Vicente is deemed to have acknowledged his paternity over Maria

The due recognition of an illegitimate child in... a record of birth, a will, a statement before a court of record, or in any authentic writing is, in itself, a consummated act of acknowledgement of the child, and no further court action is required. In fact, any authentic writing is treated not just a ground for compulsory... recognition; it is in itself a voluntary recognition that does not require a separate action for judicial approval.

[attorninong]

Article 176. Illegitimate children shall use the surname and shall be under the parental authority of their mother, and shall be entitled to support in conformity with this code. However. illegitimate children may use the surname of their father if their filiation has been expressly recognized by their father through the record of birth appearing in the civil register, or when an admission in a public document or private handwritten instrument is made by the father. Provided, the father has the right to institute an action before the regular courts to prove non-filiation during his lifetime. The legitime of each illegitimate child shall consist of one-half of the legitime of a legitimate child. *(287a)

Grande v Antonio

 Facts:

Despite Patricio's previous marriage, Grace Grande and Patricio Antonio shared a home as husband and wife for a while. This union gave birth to two (illegitimate) sons. When their relationship eventually soured, Grande took the kids and fled for the United States of America.

Along with a pending notarized Deed of Voluntary Recognition of Paternity for the children, Antonio filed a petition with the Regional Trial Court (RTC) of Aparri, Cagayan, asking for parental authority, custody, and correction/change of surname for their minor sons.

The RTC granted Antonio's petition and mandated that his minor sons receive full custody and a name change (from Grande to Antonio). Grande filed an appeal with the Court of Appeals, which changed the ruling and gave Antonio limited visitation rights rather than full custody of the kids.

Grande appealed to the Supreme Court after being dissatisfied with the revised ruling, focusing in particular on the change of surname for their two minor children. She argues that Article 176 of the Family Code (as modified by Republic Act 9255) does not give a father the power to require his illegitimate offspring to take his last name. The clause states:

Art. 176. – Illegitimate children shall use the surname and shall be under the parental authority of their mother, and shall be entitled to support in conformity with this Code. However, illegitimate children may use the surname of their father if their filiation has been expressly recognized by their father through the record of birth appearing in the civil register, or when an admission in a public document or private handwritten instrument is made by the father. Provided, the father has the right to institute an action before the regular courts to prove non-filiation during his lifetime. The legitime of each illegitimate child shall consist of one-half of the legitime of a legitimate child.

 Issue:

Whether or not a father can compel the use of his surname by his illegitimate children by virtue of Article 176 of the Family Code as amended in R.A. 9255?

 Held:

No, a father cannot compel the use of his surname by his illegitimate children.

Article 176 of the Family Code gives illegitimate children the right to decide if they want to use the surname of their father or not. It is not the father or the mother who is granted by law with the right to dictate the surname of their illegitimate children.

In this case, the particular provision used the word “may,” which shows that the law’s intention is not to compel an acknowledged illegitimate child to use the surname of his illegitimate father. Under the rules of statutory construction, the word “may” connotes that the law is merely permissive, and does not indicate a mandatory meaning.

This means that the law only confers discretion upon the illegitimate child if whether he/she chooses to use his/her father’s surname or not. Therefore, a father cannot compel the use of his surname by his illegitimate children.

[sevamelanie28]

CONCHA C. APACIBLE and ESPERANZA AGUILAR, Petitioner v. MARIA CASTILLO,  Respondent

GR No. 49041

March 20, 1944

Art. 72. When one of the spouses neglects his or her duties to the conjugal union or commits acts which tend to bring danger, dishonor or injury to the other or to the family, the aggrieved party may apply to the court for relief. (116a)

FACTS:

On July 22, 1915, Maria Castillo was born in Manila. Her parents, Vicente Castillo(who died in Balayan, Batangas on May 10, 1939) and Juana Malayto, lived as husband and wife for several years without being married in holy wedlock. On August 21, 1915, Vicente Castillo reported Maria Castillo's birth to the Bureau of Health and signed the required form of the birth certificate certifying his paternity. Vicente Castillo and the petitioner Esperanza Aguilar got married five months later, on December 23, 1915.

ISSUE:

Whether or not the voluntary acknowledgement contained in the certificate of birth, is void for lack of judicial approval as required by Article 133 of the Civil Code.

RULING:

No. Even though Article 133 of the Civil Code's second paragraph, which states that "The approval of the court, to be granted after hearing the prosecuting officer, shall be necessary to the acknowledgment of a minor, unless such acknowledgment is made in a certificate of birth or in a will," is still in effect and that the court's approval of the acknowledgment of a minor child may be obtained under that provision, the absence of such approval may be made up by the child's consent given. And that in the current instance Maria Castillo expressly petitioned the court to consider her as such and to permit her to participate in Vicente Castillo's intestacy as an heir of his, in addition to continuing to accept the status of an acknowledged natural daughter of Vicente Castillo after she had reached majority.

[jannie-notes]

BALUYOT VS BALUYOT

FACTS:

Petitioners Victoria and Ma Flordeliza Baluyot filed a petition for intervention in Special Proceedings entitled "Intestate Estate of Deceased Enrique Baluyut,'. The petition claimed that the petitioners, who are Enrique M. Baluyut's illegitimate children born out of marriage by the dead and the petitioners' mother and guardian (ad litem) Norma Urbano, have a legal claim to the inheritance of Enrique M. Baluyut. They were conceived and born when Norma Urbano shared a home with the deceased at a time when he was already married to Felicidad S. Baluyut, and they continued to possess and enjoy the status of the deceased's children throughout his lifetime as a direct result of the deceased's supporting and caring for them. Enrique's widow Felicidad S. Baluyut, who was chosen to administer his inheritance, objected to the intervention petition.

Following the trial, the RTC decided in favor of the intervenors Victoria, Ma Theresa, and Ma Flordeliza and mandated that Felicidad Baluyot provide them with a monthly maintenance payment from Enrique Baluyot's estate. Children are deemed to be the late Enrique Baluyot's compelled heirs according to New Civil Code Article 887. The petitioner filed for Motion for Reconsideration but RTC refused the said MR and held that a decision granting support is final and executor. The Court of Appeals overturned the RTC's judgment, rejected the intervention motion, and vacated the support order. Petitioner's appeal of the CA's ruling was rejected. The current petition for review on certiorari is the result.

ISSUE:

Whether or not the petitioners voluntarily recognized by the late Enrique M. Baluyut as his illegitimate spurious children?

HELD:

In an action for compulsory acknowledgment under paragraph 4, Article 283 of the Civil Code, a birth certificate which, on its face, was not signed by the supposed natural father is incompetent evidence on paternity. An illegitimate (spurious) child to be entitled to support and successional rights from his putative or presumed parents must prove his filiation to them. Filiation may be established by the voluntary or compulsory recognition of the illegitimate (spurious) child. Recognition is voluntary when "made in the record of birth, a will, a statement before a court of record, or in any authentic writing." It is compulsory when by court action the child brings about his recognition. It is true that by their motion to dismiss the appellees are deemed to have admitted that the appellant is the illegitimate spurious, not natural child of the deceased Marcos Paulino. Such an admission, however, does not entitle her to inherit from her alleged putative father. It is necessary to allege that her putative father had acknowledged and recognized her as such. Such acknowledgment is essential and is the basis other right to inherit. There being no allegation of such acknowledgment the action becomes one to compel recognition which cannot be brought after the death of the putative father.

[marquez-kellylaw]

How will we know if the Father of a child is legally established in Cape Coral?

A father is a person who is married/not married to a woman who then conceived and delivered a child. The father has rights to decide about his child’s welfare especially if he is both the biological and the legal Father. When it comes to legal implications regarding support of the child, legal paternity must be established.

 To be a legal father is far more than being the biological father of the child. A legal father can be established by marriage, adoption, legitimization or court order. As it should be that the biological father and the legal father are one and the same, there are many cases that the legal father is not the biological father of the child.

 A man can be a legal father regardless of who the biological father is when he decides to marry a woman before he gives birth. Same as if he marries a woman after the birth of the child, he can establish his legal paternity by processing a legitimization paper for the child.

 Once a paternity is established it is the responsibility of the legal father to provide for the child, supporting his/her financial needs: physical, emotional and mental. He has the responsibility to make sure of the well-being of the child. A legally established father has all the right to make an equal decision with the mother, whether they are both married or not. If in cases that the father denies responsibility over the child, he still can be established as a father by court order through DNA test. This process is the easiest and convenient to both parties but in this process, the father will be denied by court to seek visitation rights and other parenting rights. This process can be used by the mother of the child in order to collect child support. 

 In the State of Florida, the husband is the father of a child born by his wife. If the child was born by a single mother, paternity can be established by the father in the hospital by having his name on the birth certificate as the father voluntarily.

 A voluntary acknowledgement paternity is needed to be filled up and should be processed in Florida Department of Child support Services.  It is both for financial and emotional health of the child that will give you successful paternity resolution. Establishing your paternity legally can give you rights in visitation and in deciding what maybe the best for them, whether in health and education.

 If you are a father not married to the mother of the child and you are seeking to have visitation rights  and a legal parenting rights our law firm and paternity attorney is expert in giving you advice in legal matters  as we know how important it is for a child to have both parents by their side and also we can handle this matter in a sensitive way bringing peace not confusion to both of the parents.

 Once you become a legal father you give the child the right for financial support, insurance benefit, government support in case of disability and also the child has the legal right to the estate of the legal father.

 Need help in establishing paternity of a child’s father? For a sensitive and complicated process such as this, you can contact Marquez-Kelly at 239-214-0403 and message the office for a free half-hour Consultation. You can also message their website here https://www.marquezkellylaw.com/contact-us/. Service Areas include Fort Myers and Cape Coral , Florida

[boilyerheid]

I saw angst and I was summoned.

22 for Joplittle in the angst prompt list

There's a polite knock on the door which Edward is too nervous to turn and acknowledge, but the creaking door of the church anteroom opens regardless. He's been bullied in here by his brothers to collect his thoughts before the ceremony, left with a flask of whisky and instructed to get a hold of himself before he shows them all up before the assembled mass of friends, family, and the well to-do of society.

Miss Jane Irving is a paternal cousin of John's, and it will be nice to be family with his dear friend in the truest sense - though the Irving family's piety and overall staid nature are quite in contrast with the outdoorsy, adventure-seeking Little clan. It's a good match even despite her being Scotch, according to his parents, and will quite cement their youngest's reputation - putting to bed rumours about what happened during the Franklin Expedition's lost years in the ice and Edward's 'trouble' afterwards.

Edward has only met her twice, under supervision of their parents. They discussed opera and he picked his thumbnail bloody while forcing himself not to flee. She's nice, he thinks. Hopes.

"Captain Crozier asks if you need any help in here, Commander Little." The voice makes his heart sink right into his boots even as it thrills him. Edward hasn't heard it since he was forcibly removed from the Captain's house by his family, mired in potential scandal. He turns to see Jopson (his Thomas, his Tommy) standing in the doorway beside the hanging minister's robes and assorted storage boxes. The man is white as a sheet at seeing Edward in his wedding suit, though manners keep him rooted to the spot (Jopson was stripped of the lieutenancy immediately upon their return, of course, and has returned to his former station of service). "He suggests you take a drink, should you need a little courage."

Oh Christ, why did Crozier bring Jopson to attend him here? The Captain wasn't ignorant to what they did in his house, how they were as they helped each other recover after the shale, and he certainly didn't miss the way Thomas crumpled in his arms in the doorway as Edward was carted off for treatment of his 'nervous trouble', never to return (the mind goes unnatural after such hardships, his family had explained in polite, sympathetic company. After such bravery and sacrifice for the Empire, there can be no shame in needing help to return to oneself properly, can there?). Why has he inflicted this pain on them both?

"I'm well-provided for on that front," he raises William's silver flask and shakes it with an queer sort of smile - he can feel the corners of his mouth curling up, but it feels far more unnatural than holding Thomas in his arms ever did. "It's good to see you, Jopson. I've miss-"

"It's good to see you too, sir. I'm glad to see you healthy." The pinching around Thomas's mouth and sallowness of his complexion almost suggests he's nauseous, and Edward's instinct is to reach for him - touch his arm, guide him to sit, stroke his hair and ask how he can help him feel better - but that would be cruel now, to both of them. "The house has been quite empty without you."

"Jopson, I never wanted to-"

"They're ready for you now, sir," Jopson cuts him off like he can't bear to hear the words, and Edward shuts his mouth sadly. The last thing he wants to do is cause this man more pain, after everything, but he wishes... oh, how he wishes he could take him in his arms one more time. That he could kiss him, touch him, that it would be Thomas he'd pledge to love until the day he died in front of their friends and family. In front of the whole world.

"I. Right. Thank you, Jopson," he nods and swallows hard, looking down at his hands where they're clenched around the half-empty flask tight enough to turn his knuckles white. Perhaps Thomas wants him to be equally dismissive, so they can pretend it's all going to be alright while it's all so dreadfully wrong.

They used to do that, when they first connected on the ice. Sit in the Great Cabin after the others had retired and imagine in low voices what they'd do when they returned to England. Edward had promised Thomas a cottage by the sea, the night they first kissed - somewhere they would be safe together and never cold again. Even on the shale, when Thomas was close to death, Edward had kissed his swollen knuckles and told him about how good things would be back home. How he'd make them a house of their own, a cosy little home they could share for the rest of their days.

It's hard to believe he's dismissing that man like a mere attendant, now. Of all the things they've been through, that is somehow the most abhorrent.

"Which part of me wasn't enough?" Thomas's voice is shaking when he speaks up, and the confusion that slams into Edward is instantaneous and sickening. Does he not think Edward tried to come back to him? (Did he try, after the first desperate protestations that he was doing nothing untoward? He's never been a confident man, has always functioned best when being told what to do, and his family were so insistent and the doctors were so sure...) "Aside the obvious?"

"I-. No part, Thomas, none at all. The world... Happiness is simply not permitted to men like us." Edward stumbles over his words at the sight of Thomas's brimming eyes, the way he'd clearly intended to say nothing but had spoken up at the last second because he couldn't let it go unsaid. "It wasn't voluntary, Tom, none of this is. If I could-. If I could-"

"I know. If we could." Thomas pulls one of those horrible smiles then - the kind Edward recognises from within wind-beaten canvas, showing bloody teeth and a loss of hope that things could ever be alright again. No, dammit, he swore to God himself that if they got out of there, he'd never let- "They're ready for you, sir. Congratulations."

"Jopson-." Edward has never been a man who makes decisions easily, but the crack in Thomas's voice and his swift exit taps into something far more primal to his damned soul than dithering. He's out of his seat in a moment, skidding after Jopson on the time-worn stone floor. "Thomas, wait. Wait!"

He catches Thomas before he can reach the chapel proper, and grabs his arm with all the strength he can muster. Thomas turns - to tell him to go to hell, to plead with him to leave him be - but Edward pulls him into a kiss before he can say anything at all. It's raw, so much that Edward can almost taste the iron of their spilled blood and the salt of tears shed just the same, but it's the only beautiful thing he's felt in the year since they were parted. He intends to make sure such a travesty never occurs again.

"Come on," he sounds more confident when they break apart breathlessly than he's sure he ever has before in his miserable life, and Thomas looks at him with pink cheeks and wide eyes. "Let's get out of here."

"Edward, your-"

"I don't care," he promises. And despite the unsteadiness of his hands and the fizzing in his chest, he finds he really doesn't. Bugger his family, bugger polite society, bugger the whole wretched lot of them and England besides - all that gives his life meaning is right here in his arms, and he won't be parted from it again unless they hang him for love. "Come with me?"

"But where will we go?" The disbelieving smile creeping across Thomas's face is genuine, this time, and it makes Edward's heart sing to see it. Not hymns, not for their kind, but they don't need hymns where they're going.

"It doesn't matter," he takes Thomas's face in his hands then, kissing him like he can make up for all the time they've lost, and promising all the time they have to come. "Not so long as I'm with you."

[coochiequeens]

Ladies I discovered that 24 states have laws that allow unwed fathers to stop the their ex’s from putting up their kids for adoption.

Putative father registries protect unknowing fathers from the court’s assumption that they are indifferent by giving them an opportunity to claim responsibility before or shortly after their child’s birth. Once registered, fathers must be notified if the mother attempts to put their child up for adoption or terminate his parental rights.

Or than can stay in touch with the women they fuck. Or step up and marry the mother. Or use a condom in the first place.

They whole article was very “poor men lose the children they carelessly helped create“ not poor women who kept the pregnancy after a man left and then made the best decision to give the kid a better life just to have the man return and whine about his rights.

This was the last sentence of the article “A man’s parental rights should not be left to the whim of the mother.”

What if There is No Putative Father Registry? Many states and the Northern Mariana Island allow a putative father to claim paternity by filing an affidavit or acknowledgment of paternity with a court or appropriate state authority. These states are Alabama, Arizona, Arkansas, Florida, Idaho, Indiana, Kansas, Kentucky, Louisiana, Maryland, Massachusetts, Michigan, Mississippi, New Hampshire, New Jersey, New Mexico, North Dakota, Oregon, Rhode Island, Texas, Virginia, and Washington. If there is not a putative father registry or a voluntary paternity acknowledgment, paternity can always be established by court order.

If a woman doesn’t want to tell the father she’s putting the kid up for adoption chances are there are good reasons, like he didn’t really try to stay in touch in the first place.

[bryanfaganlaw]

How to handle child support in Texas when you are incarcerated

If you have need a best suitable service your Child Law experience, How to handle child support in Texas when you are incarcerated with the great process!

Houston Family Lawyers: If you are responsible for paying child support and are also facing the possibility of going to jail or prison for having committed a crime, you likely have a lot on your mind right now. At the forefront of your mind are hopefully questions about how you are going to provide for your child and ensure their safety while you are not able to be with him or her.

The ability to pay child support can be part of the solution to this problem. What to do while you are incarcerated and how to handle child support payments once you are released will be the topics discussed in today’s blog post.

What you need to know about the Office of the Attorney General

The Texas Office of the Attorney General administers the payment of child support in our state. Payments are made through the State Disbursement Unit and onto the parent who receives child support. It is important that you know what this state agency does and what role it will play in your life. Not knowing these things can have a negative effect on you and your child.

First off, the Office of the Attorney General (OAG) has basic information about you, your family law cases, as well as the court, ordered amount of child support that you will need to pay on a monthly basis. If you have questions at any point about what you are expected to pay, how often you are expected to pay it and whether or not you current in the amounts that you have paid, you can go through the OAG's website to learn more.

If you fall behind in paying child support and are otherwise a threat to the well-being of your child, the OAG can also file a lawsuit asking that your parental rights be terminated. For example, if upon being arrested, convicted of a crime and sent to jail, you were not able or willing to ensure that your child could be cared for in your absence, the Office of the Attorney General may file a lawsuit to have your parental rights be terminated. Not having paid child support on time is typically not a reason why your parental rights would be terminated.

Can child support be modified?

You can contact a private attorney to request a modification from the court that set the amount of child support you are obligated to pay. You would likely be asking them to reduce the monthly child support obligation due to the loss of a job. On the other hand, your child’s other parent may also request that the court modify the amount of child support you are expected by pay by increasing that obligation. For example, if you have recently gotten a raise that parent may request that your obligation for child support reflect this higher salary.

The best route for you to take would be to contact a private attorney to do this for you. You will have the advice of an attorney throughout the case and would be able to likely get your petition in front of a judge quicker. However, you can also contact the OAG directly and ask them to consider reducing your child support obligation. It typically takes longer going this route, and the OAG represents the state of Texas in the potential case- not you or your child’s other parent.

Establish paternity for your child- if you have not already done so

In order to be in a position to have rights and duties in relation to your child, you need to be legally established as that child’s father.

Paternity rights come automatically if you are married to your child’s mother at the time your child was born. However, if you are not married to your child’s mother you and the mother must declare yourself as the father. A suit filed with the assistance of the Office of the Attorney General is a good first step towards achieving this goal.

Questions about how much you will have to pay in child support?

Most folks who are in line to pay child support have a decent idea of how much they will have to pay.

However, if you have questions about the specifics of payment for child support then you can go to the OAG for the official guidelines that you will be responsible for.

What can the OAG not do in relation to your child support obligation?

The OAG is limited to handling matters related to child support. With that said, it cannot work to modify anything in your prior court orders that have to do with custody or visitation issues. Many times, fathers will find themselves in a position once they get out of prison where their child’s mother is not willing to let him see their child. If you find yourself in that sort of position, then you need to hire a private attorney to file an enforcement lawsuit that will allow you to get the visitation time with your child that you are guaranteed under the court order.

If you get out of prison or jail and find that your child’s mother has moved it is natural to want to find out where she and your child have moved to. Unfortunately, the OAG will not be able to tell you the address that they have moved to.

The OAG and paternity of your child

Houston Family Law Attorney: When we are talking about paternity, we are talking about the legal determination of fatherhood. If you were married to your child’s mother (or are still married to her) the law in Texas is that you are automatically recognized as the father of that child. You do not need to take any additional steps in order to establish your paternity rights in that child.

On the other hand, if you are not married to the mother of your child when he or she is born, the law does not presume fatherhood in you. Just because you are the biological father of that child, the law will not intercede and automatically declare you to be that child’s father. It is incumbent upon you to take the step and work within the law and have yourself determined to be the legal father of that child.

You do this through legally establishing yourself as the father to your child. You are not able to gain rights and duties for your child (including the duty to pay child support) unless you establish paternity first.

How can the paternity of your child be established?

Voluntary establishment of paternity is possible if both you and your child's mother agree that you are the father, and sign an acknowledgment of paternity forms. These forms will establish you as the legal father to your child once it is filed with the Vital Statistics Unit in Austin. The key thing to note here is that you both need to fill out and sign one of these forms in order for any legal effect to be had. One of your filling out and filing the form individually will have no impact on paternity for your child.

In the event that you and your child’s mother do not agree on paternity then you would need to go through the courts. A child support case can be initiated through hiring a private attorney or by contacting the Office of the Attorney General. DNA testing is going to be the first part of any paternity case. Once you have evidence that shows you to be the biological father of the child a judge will make a ruling on paternity, child support and visitation among other things.

As an incarcerated parent, you have the ability to establish paternity for your child through the Office of the Attorney General even while you are behind bars.

Getting your name onto your child’s birth certificate

Your name can be listed on your child's birth certificate once you are established as your child's legal father.

We just discussed how you can become your child's legal father either by agreement with your child's mother or through a court-centric process. If your child's birth certificate does not list your name, then you can contact the State of Texas once paternity is established in order to get that information updated.

Can you sign an acknowledgment of paternity while you are incarcerated?

If you are incarcerated and your child’s mother wants to sign an Acknowledgment of Paternity as well then she should contact the OAG or a local child support office to discuss this with them. These people will be able to guide you all through the process of getting the document in front of you for your signature even while you are incarcerated.

Why would you want to establish paternity for your child?

Divorce Lawyers in Houston: If the only benefit to your legally establishing paternity in your child was that you would now be forced to pay child support, that doesn’t sound like the most appealing reason to go through this effort. However, there are many more benefits for you and your child that have nothing to do with child support.

To me, the most important benefit that we can talk about for your child is that once you are established as the child’s father your child will know that he or she has another parent who wants to know them and wants what is best for them. The impact on your child in this regard cannot be measured.

Once you are legally established as the father to your child then your rights are exactly equal to that of your child's mother. Many fathers believe incorrectly that their rights are not as significant to the child when compared to the mothers. That is not true. Many times fathers will take on fewer rights and duties for many reasons. However, there is nothing under the law that makes this always the case. You are also setting your child up for the future by allowing him or her to receive financial or medical benefits from you if you were to pass away ... Continue Reading